Petitioner Type: Workers
Impact Date: 06/21/2003
Filed Date: 06/23/2004
Most Recent Update: 07/13/2004
Determination Date: 07/13/2004
Expiration Date: 07/13/2006
Employment and Training Administration
TA-W-55,122
VON WEISE GEAR COMPANY
ST. CLAIR, MISSOURI
Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance
In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(B) of
Section 222 have been met.
The investigation was initiated on June 23, 2004 in response
to a petition filed on behalf of workers of Von Weise Gear Company,
St. Clair, Missouri. The workers at the subject firm produce gear
motors, gears, and linear actuators; they are not separately
identifiable by product line.
The investigation revealed that employment at the subject firm
declined from January through May 2004, when compared to the same
period in 2003.
The preponderance in the declines in employment at the subject
firm is related to a shift in production of gear motors and linear
actuators to a country (Mexico) that is a party to a free trade
agreement with the United States.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the workers'
firm are 50 years of age or older.
2. Whether the workers in the workers' firm possess skills
that are not easily transferable.
3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).
The Department has determined that criterion 2. has not been
met.
The investigation revealed that workers in the workers' firm
do possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I conclude that there was a shift in production from
the workers' firm or subdivision to Mexico of articles that are
like or directly competitive with those produced by the subject
firm or subdivision. In accordance with the provisions of the Act,
I make the following certification:
"All workers of Von Weise Gear Company, St. Clair, Missouri,
who became totally or partially separated from employment on
or after June 21, 2003, through two years from the date of
certification, are eligible to apply for adjustment assistance
under Section 223 of the Trade Act of 1974."
and;
"I further determine that all workers of Von Weise Gear
Company, St. Clair, Missouri are denied eligibility to apply
for alternative trade adjustment assistance under Section 246
of the Trade Act of 1974."
Signed in Washington, D.C. this 13th day of July, 2004.
/s/ Linda G. Poole
_______________________________
LINDA G. POOLE
Certifying Officer, Division of
Trade Adjustment Assistance